Baton Rouge, Louisiana – The Supreme Court declined to hear an appeal on Monday from a Black Lives Matter organizer in a case involving the organizer’s liability for a violent attack on a police officer during a protest he led.
The incident dates back to 2016 when civil rights activist Deray Mckesson was sued by an unnamed Baton Rouge police officer, known as “John Doe,” who alleged he was injured by a rock-like object thrown by an unidentified third party during the protest organized by Mckesson. The officer claimed that Mckesson should have foreseen the protest turning violent based on previous similar incidents.
After multiple rounds in lower courts, the Fifth Circuit ruled last year that the case could proceed, citing allegations that Mckesson had created unsafe conditions and incited violence by organizing the protest. The ruling was challenged by the American Civil Liberties Union (ACLU), arguing it violated Mckesson’s First Amendment rights.
In a separate opinion, Justice Sonia Sotomayor acknowledged the court’s decision not to take up Mckesson’s case but refrained from giving an opinion on the merits of his claim. She pointed to a recent Supreme Court decision that may impact how lower courts handle similar cases in the future.
The rejection of Mckesson’s appeal raises questions about liability in cases of protests turning violent and the implications for free speech and organizing demonstrations. It highlights the delicate balance between First Amendment rights and accountability for the consequences of protest actions.
As legal battles continue over the responsibilities of protest organizers for unforeseen violent acts, the decision not to hear Mckesson’s case leaves unresolved questions about the boundaries of free speech and the extent of liability in such situations. This case serves as a reminder of the complexities surrounding protests and the legal challenges they may present.